Local Medical Marijuana Laws in Washington State

In 1998, Washington voters authorized decriminalization of marijuana for medicinal purposes (RCW 69.51).  Washington is one of 23 states with some type of criminal ‘affirmative defense’ to prosecution or other method of decriminalization.  Washington’s law allows ‘collective gardens’ to grow marijuana for up to 10 patients at a time.  Grower interpretation of the law has resulted in many storefront dispensaries that sell marijuana to individuals with ‘authorizations’ for medical marijuana from a medical professional.  Washington is the only US state with legal medical marijuana that does not have a required patient or provider registry.

In 2012, Washington voters again acted on marijuana, this time passing an initiative to decriminalize marijuana for limited, adult, recreational use, and setting up a regulatory framework for marijuana producer, processor and retail businesses.  The same regulatory framework does not exist for medical marijuana.

There is limited research on the prospective benefits or harms of marijuana use, though some research has demonstrated long-term adverse effects of early initiation and frequent use by youth, risks of driving while under the influence, and some information exists regarding medicinal benefits to some users.  As legalization of recreational marijuana continues, local governments will be faced with zoning choices that may impact availability, consumption, advertising parameters, taxation and licensing, enforcement of smoking or public use bans, and other local responsibilities.  Understanding local regulation and its impacts is a part of Washington’s natural experiment in marijuana legalization, including potential public health impacts. 

This dataset includes over 100 components of ordinances on medical marijuana in effect by mid-2014 in 141 cities (cities of 3000 population and above) and all 39 counties in Washington.  A separate dataset on recreational marijuana ordinances is also available.

King County will update these datasets annually, based on available resources. 

 

View and download an analysis of city and county response to marijuana legalization

View and download underlying policy data in Excel format

View and download Medical Marijuana Research Protocol

View and download Medical Marijuana Codebook

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1. What is the name of the ordinance as listed in the municipal code and the legal citation (if available)?
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2. What zones exist in the local code?
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3. Does the local code explicitly allow any medical marijuana-related land uses (siting of collective gardens or dispensaries) in the jurisdiction?
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3.1. If medical marijuana-related land uses are explicitly allowed, what type of zoning exists?
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3.2. Which types of medical marijuana collective gardens/businesses are explicitly allowed to be located in the jurisdiction?
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3.3. If medical marijuana-related land uses are prohibited, what type of prohibition exists?
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3.4. Which types of medical marijuana collective gardens/businesses are explicitly prohibited in the jurisdiction?
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4. Which marijuana-related definitions are contained in the local code?
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5. How does the jurisdiction define 'collective gardens'?
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6. Does the jurisdiction require a medical marijuana patient registry?
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7. Does the jurisdiction require a medical marijuana provider registry?
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8. Does the jurisdiction adopt only the state qualifying disease diagnosis, or add more?
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8.1. If the jurisdiction adds more, which diseases?
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9. Does the jurisdiction establish a medical marijuana card/documentation requirement?
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9.1. If the jurisdiction requires medical marijuana cards/documentation, what are the background requirements for qualifying patient to become a registered medical marijuana card/document-holder?
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9.2. What are the medical requirements for receiving or renewing a medical marijuana card/documentation?
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9.3. What circumstances trigger revocation of medical marijuana cards/documents?
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10. Is home marijuana growing for personal medical use explicitly allowed under the local code?
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10.1. If yes, in which zones are individual home growing operations explicitly allowed?
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11. What type of local business license does the local code explicitly require for siting any medical marijuana-related land uses?
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11.1. For which types of medical marijuana collective gardens/business activities is a separate local business license required?
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12. Does the local code establish nuisance and abatement requirements specific to medical marijuana-related land uses?
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13. Does the jurisdiction explicitly allow medical marijuana collective garden/business activity as an accessory to a primary land use?
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13.1. If yes, in which zones are medical marijuana collective gardens/business activities explicitly allowed as an accessory to a primary land use?
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14. Are medical marijuana-related uses explicitly allowed as a home (non-commercial) occupation in any part of the code?
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14.1. If yes, in which zones are marijuana-related uses allowed to operate as a home occupation?
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15. Are pre-existing medical marijuana-related land uses explicitly deemed a legal (but allowable) non-conforming use under the local code?
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15.1. If yes, which types of pre-existing medical marijuana collective gardens/business activities are deemed non-conforming (but allowable) uses under the local code?
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16. Does the local code explicitly allow medical marijuana producers and processors to be located in the same building?
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16.1. If yes, in which zones does the local code allow medical marijuana producers and processors to be located in the same building?
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17. Are there other local regulations specific to a marijuana impact area/zone on medical marijuana-related land uses?
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18. Does the jurisdiction list youth-serving facilities away from which marijuana-related land uses must be sited?
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18.1. If yes, what facilities are listed?
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18.2. If Yes, what is the distance requirement from youth-serving facilities?
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19. What is the size limit of medical marijuana-related land uses for the entire jurisdiction (if limit is not for zones, but jurisdiction-wide)?
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20. What is the density limit of medical marijuana-related land uses for the entire jurisdiction (if limit is not for zones, but jurisdiction-wide)?
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21. What is the proximity limit of medical marijuana-related land uses to one another for the entire jurisdiction (if limit is not for zones, but jurisdiction-wide)?
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22. What are the building use/setback limits from adjacent non-marijuana related land uses (excluding youth-serving facilities), for the entire jurisdiction (if limit is not for zones, but jurisdiction-wide)?
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23. Does the local code explicitly allow siting of any medical marijuana-related land uses in the solely residential zone?
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23.1. Which types of medical marijuana-related land uses are explicitly allowed in the solely residential zone?
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23.2. What explicit conditions are placed on the medical marijuana-related land uses allowed in the solely residential zone?
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23.2.1. Is a special use or conditional use permit required for the marijuana-related use in which conditions may be included?
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23.3. If size is limited for medical marijuana-related land uses, in which solely residential zones are operations limited?
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23.3.1. What is the size limit for medical marijuana-related land uses in the solely single-family residential zone?
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23.3.2. What is the size limit for medical marijuana-related land uses in the solely multi-family residential zone?
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23.4. If density is limited for medical marijuana-related land uses, in which solely residential zones are operations limited?
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23.4.1. What is the density limit for medical marijuana-related land uses in the solely single-family residential zone?
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23.4.2. What is the density limit for medical marijuana-related land uses in the solely multi-family residential zone?
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23.5. If proximity of medical marijuana-related land uses to one another are limited, in which solely residential zones are operations limited?
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23.5.1. What is the proximity limit for medical marijuana-related land uses in the solely single-family residential zone?
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23.5.2. What is the proximity limit for medical marijuana-related land uses in the solely multi-family residential zone?
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23.6. If there are building use/setback limits from adjacent non-marijuana related land uses (excluding youth-serving facilities), in which solely residential zones are operations limited?
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23.6.1. What are the building use/setback limits for medical marijuana-related land uses in the solely single-family residential zone?
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23.6.2. What is the building use/setback limits for medical marijuana-related land uses in the solely multi-family residential zone?
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24. Does the local code explicitly allow siting of any medical marijuana-related land uses mixed use zone (residential / commercial / industrial)?
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24.1. Which types of medical marijuana-related land uses are explicitly allowed in the mixed use zone (residential / commercial / industrial)?
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24.2. What explicit conditions are placed on the medical marijuana-related land uses allowed in the mixed use zone (residential / commercial / industrial)?
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24.2.1. Is a special use or conditional use permit required for the marijuana-related land use in which conditions may be included?
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24.3. If size of medical marijuana-related land uses are limited, in which mixed use zones (residential / commercial / industrial) are operations limited?
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24.3.1. What is the size limit for medical marijuana related land uses in the low density zone? (Eg: mixed neighborhood commercial/residential)
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24.3.2. What is the size limit for medical marijuana related land uses in the medium/high density zone? (Eg: mixed business/general commercial/residential)
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24.4. If density of medical marijuana-related land uses are limited, in which mixed use zones (residential / commercial / industrial) are operations limited?
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24.4.1. What is the density limit for medical marijuana related land uses in the low density zone? (Eg: mixed neighborhood commercial/residential)
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24.4.2. What is the density limit for medical marijuana related land uses in the medium/high density zone? (Eg: mixed business/general commercial/residential)
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24.5. If proximity of medical marijuana-related land uses are limited, in which mixed use zones (residential / commercial / industrial) are operations limited?
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24.5.1. What is the proximity limit for medical marijuana related land uses in the low density zone? (Eg: mixed neighborhood commercial/residential)
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24.5.2. What is the proximity limit for medical marijuana related land uses in the medium/high density zone? (Eg: mixed business/general commercial/residential)
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24.6. If there are building use/setback limits from adjacent non-marijuana related land uses (excluding youth-serving facilities), in which mixed use zones (residential / commercial / industrial) are operations limited?
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24.6.1. What are the building use/setback limits for medical marijuana related land uses in the low density zone (Eg: mixed neighborhood commercial/residential)
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24.6.2. What are the building use/setback limits for medical marijuana related land uses in the medium/high density zone (Eg: business/general commercial) (Eg: mixed business/general commercial/residential)
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25. Does the local code explicitly allow siting of any medical marijuana-related land uses in the solely office park/business park zone?
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25.1. Which types of medical marijuana-related land uses are explicitly allowed in the solely office park/business park zone?
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25.2. What explicit conditions are placed on the medical marijuana-related land uses allowed in the solely office park/business park zone?
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25.2.1. Is a special use or conditional use permit required for the marijuana-related land use in which conditions may be included?
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25.3. If size of medical marijuana-related land uses are limited, what are the size limits in the solely office park/business park zone?
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25.4. If density of medical marijuana-related land uses are limited, what are the density limits in the solely office park/business park zone?
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25.5. If proximity of medical marijuana-related land uses to one another are limited, what are the proximity limits in the solely office park/business park zone?
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25.6. If there are building use/setback limits from adjacent non-marijuana related land uses (excluding youth-serving facilities), what are the building use/setback limits in the solely office park/business park zone?
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26. Does the local code explicitly allow siting of any medical marijuana-related land uses in the solely commercial or solely business zones?
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26.1. Which types of medical marijuana-related land uses are explicitly allowed in the solely commercial or solely business zones?
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26.2. What explicit conditions are placed on the medical marijuana-related land uses allowed in the solely commercial or solely business zones?
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26.2.1. Is a special use or conditional use permit required for the marijuana-related land use in which conditions may be included?
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26.3. If size of medical marijuana-related land uses are limited, in which solely commercial or solely business zones are operations limited?
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26.3.1. What is the size limit for medical marijuana related land uses in the low density zone? (Eg: neighborhood commercial)
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26.3.2. What is the size limit for medical marijuana related land uses in the medium/high density zone? (Eg: business/general commercial)
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26.4. If density of medical marijuana-related land uses are limited, in which solely commercial or solely business zones are operations limited?
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26.4.1. What is the density limit for medical marijuana related land uses in the low density zone? (Eg: neighborhood commercial)
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26.4.2. What is the density limit for medical marijuana related land uses in the medium/high density zone? (Eg: business/general commercial)
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26.5. If proximity of medical marijuana-related land uses to one another are limited, in which solely commercial or solely business zones are operations limited?
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26.5.1. What is the proximity limit for medical marijuana-related land uses in the low density zone? (Eg: neighborhood commercial)
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26.5.2. What is the proximity limit for medical marijuana related land uses in the medium/high density zone? (Eg: business/general commercial)
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26.6. If there are building use/setback limits from adjacent non-marijuana related land uses (excluding youth-serving facilities), in which solely commercial or solely business zones are operations limited?
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26.6.1. What are the building use/setback limits for medical marijuana-related land uses in the low density zone? (Eg: neighborhood commercial)
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26.6.2. What are the building use/setback limits for medical marijuana-related land uses in the medium/high density zone (Eg: business/general commercial)
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27. Does the local code explicitly allow siting of any medical marijuana-related land uses in the solely industrial / manufacturing zone?
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27.1. Which types of medical marijuana-related land uses are explicitly allowed in the solely industrial / manufacturing zone?
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27.2. What explicit conditions are placed on the medical marijuana-related land uses allowed in the solely industrial / manufacturing zone?
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27.2.1. Is a special use or conditional use permit required for the marijuana-related land use in which conditions may be included?
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27.3. If size of medical marijuana-related land uses are limited, in which solely industrial / manufacturing zones are operations limited?
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27.3.1. What is the size limit for medical marijuana-related land uses in the light industrial zone?
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27.3.2. What is the size limit for medical marijuana-related land uses in the heavy industrial zone?
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27.3.3. What is the size limit for medical marijuana related land uses in the combined light/heavy industrial zone?
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27.4. If density of medical marijuana-related land uses are limited, in which solely industrial / manufacturing zones are operations limited?
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27.4.1. What is the density limit for medical marijuana-related land uses in the light industrial zone?
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27.4.2. What is the density limit for medical marijuana-related land uses in the heavy industrial zone?
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27.4.3. What is the density limit for medical marijuana-related land uses in the combined light/heavy industrial zone?
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27.5. If proximity of medical marijuana-related land uses to one another are limited, in which solely industrial / manufacturing zones are operations limited?
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27.5.1. What is the proximity limit for medical marijuana-related land uses in the light industrial zone?
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27.5.2. What is the proximity limit for medical marijuana-related land uses in the heavy industrial zone?
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27.5.3. What is the proximity limit for medical marijuana-related land uses in the combined light/heavy industrial zone?
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27.6. If there are building use/setback limits from adjacent non-marijuana related land uses (excluding youth-serving facilities), in which solely industrial / manufacturing zones are operations limited?
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27.6.1. What are the building use/setback limits for medical marijuana-related land uses in the light industrial zone?
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27.6.2. What are the building use/setback limits for medical marijuana-related land uses in the heavy industrial zone?
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27.6.3. What are the building use/setback limits for medical marijuana related land uses in the combined light/heavy industrial zone?
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28. Does the local code explicitly allow siting of any medical marijuana-related land uses in the agricultural zone?
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28.1. Which types of medical marijuana-related land uses are explicitly allowed in the agricultural zone?
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28.2. What explicit conditions are placed on the medical marijuana-related land uses allowed in the agricultural zone?
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28.2.1. Is a special use or conditional use permit required for the marijuana-related land use in which conditions may be included?
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29. Does the local code explicitly allow siting of any medical marijuana-related land uses in the rural zone?
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29.1. Which types of medical marijuana-related land uses are explicitly allowed in the rural zone?
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29.2. What explicit conditions are placed on the medical marijuana-related land uses allowed in the rural zone?
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29.2.1. Is a special use or conditional use permit required for the marijuana-related land use in which conditions may be included?
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